Custody Of A Child Whose Mother Is an Alcoholic


The mother of my children has a problem with alcohol, who gets custody of the children?


As per Islamic law, custody of a child, in the case of separation between the spouses, revolves around both parents depending on the age and gender of the child. In the case of a boy, the mother is entitled to custody until the age of seven, and thereafter the right of custody is transferred to the father. As for a girl, the mother is entitled to custody until the age of nine, which is subsequently transferred to the father. However, irrespective of which parent has custody, the other parent should be afforded visitation rights; similarly the weekends and school holiday may be shared with mutual consultation and agreement.

However, if the parent (i.e. mother) or the maternal grandmother that is entitled to custody of the child gets involved in any form of evil such as alcohol abuse, substance abuse, etc. which will have a negative and harmful effect on the child, then their right of custody falls away. In this case, the paternal grandmother is afforded the right of custody; until the child reaches such the age when custody is transferred to the father of the child

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.


شامى ص ٥٦٦ ج٦ 

Ahsanul Fataawa; pg.459 vol.5

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